PRINTER'S NO.

1557

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION
No. 284
Session of
2015

INTRODUCED BY SCARNATI, FEBRUARY 9, 2016

REFERRED TO RULES AND EXECUTIVE NOMINATIONS, FEBRUARY 9, 2016
A RESOLUTION
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Addressing the Governor to act under section 7 of Article VI of

the Constitution of Pennsylvania to remove Attorney General
Kathleen G. Kane from office for reasonable cause.

WHEREAS, On September 21, 2015, the Supreme Court issued an

order to temporarily suspend Attorney General Kathleen G. Kane's

license to practice law for an indefinite period of time; and

WHEREAS, On October 22, 2015, the order became effective and

Attorney General Kathleen G. Kane's law license was suspended;

and

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WHEREAS, On October 26, 2015, the Senate established the

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bipartisan Special Committee on Senate Address to pursue

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possible Senate address related to Attorney General Kathleen G.

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Kane under section 7 of Article VI of the Constitution of

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Pennsylvania; and

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WHEREAS, During November 2015, the committee conducted

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hearings, taking sworn testimony and receiving evidence to

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determine whether there is a sufficient basis for the Senate to

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move forward with due notice to Attorney General Kathleen G.

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Kane and a full hearing under section 7 of Article VI of the

Constitution of Pennsylvania; and

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WHEREAS, On November 25, 2015, the committee made findings;

and
WHEREAS, The committee found that the Senate is vested with

the constitutional authority under section 7 of Article VI of

the Constitution of Pennsylvania to direct the Governor to

remove an Attorney General for reasonable cause, following due

notice and full hearing, on the address of two-thirds of the

Senate; and

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WHEREAS, The committee, while making no specific finding on

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direct removal, found a sufficient basis for the Senate to move

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forward with due notice to Attorney General Kathleen G. Kane and

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a full hearing under section 7 of Article VI of the

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Constitution of Pennsylvania; and

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WHEREAS, On December 4, 2015, the committee made a

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preliminary report of its findings to the Senate; and

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WHEREAS, On December 9, 2015, the Senate unanimously adopted

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Senate Resolution No. 256, Printer's No. 1461 (2015), which

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adopted rules of procedure governing the due notice and full

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hearing to be provided to Attorney General Kathleen G. Kane

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under section 7 of Article VI of the Constitution of

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Pennsylvania; and

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WHEREAS, On December 10, 2015, Senate Resolution No. 256,

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Printer's No. 1461 (2015), the report of the committee and the

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exhibits of the report were served on both the Office of

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Attorney General and private counsel for Attorney General

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Kathleen G. Kane, fulfilling the notice requirement of section 7

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of Article VI of the Constitution of Pennsylvania; and

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WHEREAS, On January 11, 2016, Attorney General Kathleen G.

Kane sent a letter to the committee in which she declined to

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appear personally before the committee to defend herself; and

WHEREAS, The service and response fulfill the due notice

requirement under section 7 of Article VI of the Constitution of

Pennsylvania; and

WHEREAS, On January 12, 2016, a full hearing for Attorney

General Kathleen G. Kane was conducted by the committee; and

WHEREAS, At the hearing, Jonathan Duecker, Chief of Staff for

Attorney General Kathleen G. Kane, and former Governor Edward G.

Rendell testified as authorized by Attorney General Kathleen G.

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Kane on her behalf; and

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WHEREAS, The hearing and testimony fulfill the full hearing

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requirement of section 7 of Article VI of the Constitution of

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Pennsylvania; and

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WHEREAS, On January 27, 2016, the committee made a final

report of its findings to the Senate; and

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WHEREAS, On February 5, 2016, the Supreme Court denied

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Attorney General Kathleen G. Kane's Application for

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Extraordinary Relief seeking the immediate reinstatement of her

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law license; and

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WHEREAS, After careful consideration and deliberation of the

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testimony presented and the evidence received, reasonable cause

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exists to remove Attorney General Kathleen G. Kane from office

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because Attorney General Kathleen G. Kane cannot perform the

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duties of her office with an indefinitely suspended law license;

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and

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WHEREAS, The Senate determined that, after due notice and

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full hearing was provided as required under section 7 of Article

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VI of the Constitution of Pennsylvania, reasonable cause has

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been found to exist to remove Attorney General Kathleen G. Kane

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from her elected office; therefore be it

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RESOLVED, That the Senate, by this address, direct the

Governor to remove Attorney General Kathleen G. Kane from the

Office of Attorney General of the Commonwealth of Pennsylvania

under section 7 of Article VI of the Constitution of

Pennsylvania; and be it further

RESOLVED, That, within 24 hours of adoption of this

resolution, the Sergeant-at-Arms serve this resolution and the

reports and exhibits of the Special Committee on Senate Address

upon the Governor.

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